This court condoned a delay of 48 days in filing a civil appeal by the applicant and allowed the application. The proceedings in the underlying suit were not stayed. The appeal was listed for future consideration.
Delay of 48 days in filing the appeal is condoned; application allowed and made absolute.
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Rane 1/243-CAA-1080-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 1080 OF 2019
IN
APPEAL FROM ORDER (ST.) NO. 6321 OF 2019
IN
NOTICE OF MOTION NO. 1909 OF 2017
IN
L.C. SUIT NO. 1320 OF 2015
The Municipal Corporation of
Greater Bombay...Applicant
(Orig.Defendant)
V/s.
Shri. Dilipkumar Sukanchand Jain ... Respondent
(Orig. Plaintiff)
Mr. Ravindra Sirsikar, Advocate for the applicant.
Mr. Suraj Kudalkar, Advocate for the respondent.
CORAM : SANDEEP K. SHINDE J.
DATE : W EDNESDAY, 4TH MAY, 2022.
P.C. :
1.Heard learned Counsel for the parties.
2.This application seeks condonation of 48 days delay
Rane
Rane 2/243-CAA-1080-2019.odt
occurred in filing the Appeal from Order against the order
dated 16th November, 2018. In consideration of the reasons
set out in paras-2 and 3 of the application, the delay is
condoned. The application is allowed and made absolute in
terms of prayer clause (a).
NEETA SHAILESH SAWANT
Digitally signed by NEETA SHAILESH SAWANT Date: 2022.05.05 11:18:07 +0530
3.Learned Counsel for the respondents, on
instructions, submits that in the suit, the parties have led
evidence. In that view of the matter, Mr. Sirsikar, shall take
instructions, whether Corporation would still insists to
pursue the Appeal. The Civil Application is disposed of in
the aforesaid terms.
4.It is made clear, that this Court has not stayed the
proceedings in the suit.
5. List the Appeal and Civil Application (St.) No. 6325/2019 for consideration on 4 th July, 2022.
(SANDEEP K. SHINDE, J.)
Rane
1 issue framed by the court
Whether delay of 48 days in filing the Civil Appeal should be condoned.
The Municipal Corporation of Greater Bombay
Shri. Dilipkumar Sukanchand Jain
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court